Johanis Tanak Says KPK Should Not Be Included In The Archipelago Structure

Indonesian Danantara Building (Eros/VOI)

JAKARTA - Deputy Chairman of the Corruption Eradication Commission (KPK) Johanis Tanak assessed that his institution should not be included in the structure of BPI Danantara. This rule can be seen in Law Number 19 of 2019 which prohibits leaders from holding concurrent positions.

The KPK is known to be included in the structure of the Danantara BPI as a Supervision and Accountability Committee with other law enforcers, such as the Attorney General's Office and the National Police.

But, on the other hand, this institution has just issued a circular internally containing guidelines for investigating alleged corruption in BUMN and BPI Danantara. This letter was signed by the Chairman of the KPK, Setyo Budiyanto, after the ratification of Law Number 1 of 2025 concerning SOEs.

"Based on Article 29 letter (i) it is clear that the KPK leadership cannot hold concurrent positions," Johanis said when contacted by VOI, Tuesday, May 20.

Johanis said in the article, the KPK leadership must fulfill several requirements. One of them is to give up other positions during his tenure.

Even so, Johanis did not know whether there was any further discussion regarding the position of the anti-corruption commission at BPI Danantara. He also could not confirm the news of the discussion carried out by the legal bureau team regarding this matter.

The issuance of circulars internally related to the guidelines for investigating and preventing corruption in BUMN and BPI Danantara after the issuance of Law Number 1 of 2025 was confirmed by KPK spokesman Budi Prasetyo. "Yes, a circular letter was issued by the leadership in early May," he told reporters at the KPK's Merah Putih building, Kuningan Persada, South Jakarta, Monday, May 19.

"(This circular, ed) is a form of commitment as well as a guideline for all work units within the KPK," continued Budi.

Furthermore, Budi said that the issuance of the circular was in accordance with Setyo's statement some time ago which believed that allegations of corruption in BUMN and Danantara could still be investigated.

"Because the KPK views that the board of directors, commissioners and also the supervisory board of SOEs as stated in Law Number 28 of 1999 is a state administrator. Including losses in SOEs are also part of state losses," said Budi.

Previously reported, the government passed Law Number 1 of 2025 concerning the Third Amendment to Law Number 19 of 2003 concerning SOEs. In that regulation, Article 9G states that the Board of Commissioners, and Supervisory Board of SOEs are not state administrators.

Meanwhile, Article 9 F of the BUMN Law states that the Board of Directors, Board of Commissioners, and Supervisory Board cannot be held legally accountable for losses if they can prove it.

Regarding this law, KPK Chairman Setyo Budiyanto acknowledged that his institution's authority is limited to conducting investigations, investigations, and prosecutions for alleged corruption in BUMN. However, the results of an internal study say that the work of eradicating corruption can still be carried out.

"KPK is of the view that the KPK still has the authority to carry out investigations, investigations, and prosecutions of corruption crimes committed by directors/commissioners/supervisors at BUMN," Setyo said in a written statement, Wednesday, May 7.

Moreover, the anti-corruption commission views that law enforcement in SOEs is one of the efforts to encourage the implementation of good corporate governance. The community will definitely benefit if the business process is carried out in integrity.

"With good governance, SOEs as an extension of the state can be managed in an accountable manner and with integrity for the greatest prosperity of the people," concluded Setyo.